Medical Marijuana

Sooner state is the 31st state to legalize and regulate medical cannabis access

A majority of Oklahomans today voted to enact State Question 788 —a statewide voter-initiated measure that permits doctors to use their discretion to recommend medical cannabis to those patients who will benefit from it. Oklahoma is now the 31st state to legalize and regulate the use of medical cannabis under state law.

“Public support for medical marijuana access is non-partisan,” NORML Deputy Director Paul Armentano said. “Even in a predominantly ‘red’ state like Oklahoma, it is the will of the voters to enact common sense, yet significant marijuana law reforms.”

He continued, “The ongoing expansion of compassionate medical marijuana in states like Oklahoma places additional pressure upon Congress to take action to end this existing state/federal conflict. It is time for members to move forward with legislation like The States Act or The Ending Federal Marijuana Prohibition Act, which would allow states the flexibility and autonomy to regulate cannabis as best they see fit — free from the looming threat of undue federal intervention.”

State Question 788 permits licensed medical marijuana patients to cultivate up to six mature plants and to possess personal use quantities of marijuana flowers, edibles, or infused concentrates. It also establishes a regulatory framework for the retail production and dispensing of medical cannabis at licensed facilities. The full text of SQ 788 is available online here.

Oklahoma voters endorsed the plan despite organized opposition from law enforcement, political leaders, and other groups. Opponents of the measure spent an estimated $500,000 in the final week of the campaign on an advertising blitz that falsely claimed that “SQ 788 was not about medical marijuana,” a mischaracterization that was previously determined to be purposely misleading as by the state Supreme Court.

“It is our hope that Oklahoma politicians will respect the will of the electorate and move swiftly to enact SQ 788 in a manner that comports with both the spirit of the law and the letter of law,” NORML’s Armentano said.

Republican Gov. Mary Fallin, who publicly opposed SQ 788, said that she intends to call lawmakers back for a special session to address the passage of SQ 788. Proposed rules and regulation regarding the implementation of SQ 788, drafted by the Oklahoma Department of Health, appears online here.

Under existing Oklahoma laws, the possession of any amount of cannabis is classified as a criminal offense — punishable by up to a year in prison. Engaging in cannabis cultivation or sales may be punishable by up to life in prison. According to a study released earlier this month, Oklahoma’s incarceration rate is 1,079 per 100,000 people — the highest rate in the United States.

The FDA’s decision was not unexpected, as the proprietary extract formulation — developed by the British biotechnology firm GW Pharmaceuticals — had previously demonstrated safety and clinical efficacy at reducing seizure frequency in several placebo-controlled trials. Epidiolex had previously received Fast Track Designation and Orphan Drug Status from the FDA. It is the fourth marijuana-based medicine to receive US FDA approval — joining dronabinol (aka Marinol), nabilone (aka Cesamet), and liquid synthetic THC (aka Syndros). However, Epidiolex is the first FDA-approved medicine containing plant-derived, non-synthetic cannabinoids.

Commenting on the agency’s decision, NORML Deputy Director Paul Armentano said: “The FDA’s approval of this plant-derived medicine provides an additional option to patients seeking the therapeutic benefits of cannabis. However, it remains to be seen whether physicians will be comfortable prescribing this new agent to those patients who may benefit from it, and whether it will be priced in a range that patients may afford.” According to the New York Times, analysts expect Epidiolex to cost $2,500 to $5,000 a month.

He added: “We anticipated that Epidiolex will be the first of many potential FDA-approved medicines based on the cannabis plant. Nonetheless, these alternatives should not be regulated as options to replace the use and regulation of herbal cannabis — a product that humans have used safely and effectively as a medicine for thousands of years and is approved today by statute in 30 states.”

Federal agencies have 90 days to determine the scheduling of Epidiolex. The new drug is anticipated to become available to patients later this fall. In clinical trials, patients administered Epidiolex, on average, obtained a 40 percent reduction in seizure frequency.

Lennox-Gaustaut syndrome is estimated to account for between one and four percent of all cases of childhood epilepsy. Dravet syndrome is estimated to effect about 1 in 40,000 people.

Despite today’s approval, the FDA acknowledged in a statement that the cannabidinoid CBD still remains classified at this time as a schedule I controlled substance, and that the agency is “prepared to take action when we see the illegal marketing of CBD-containing products with serious, unproven medical claims.” FDA Commissioner Scott Gottlieb further added: “This is the approval of one specific CBD medication for a specific use. … [T]his is not an approval of marijuana or all of its components.”

KY NORML is passionate about education. And with the opioid epidemic consuming our state, we feel that it is our duty to share valuable information regarding the relationship between cannabis and opioids. Cannabis access is associated with reduced rates of opioid use and abuse, opioid-related hospitalizations, traffic fatalities, drug treatment admissions, and overdose deaths. We strongly believe, based on research, first-hand accounts, and testimonials that cannabis is truly the answer to combating this crisis that is killing thousands of Kentuckians each year.

According to a study by theJournal of Headache and Pain, “the most common prescription medications replaced by medicinal cannabis in this study were opiates/opioids in a large percentage within every pain group, up to 72.8% of patients in the chronic pain as primary illness group. … This is notable given the well-described “opioid-sparing effect” of cannabinoids and growing abundance of literature suggesting that cannabis may help in weaning from these medications and perhaps providing a means of combating the opioid epidemic.”

Investigators assessed opioid use patterns in patients registered with Health Canada to access medical cannabis products. Among those patients who acknowledged using opioids upon enrollment in the trial, 51 percent reported ceasing their opiate use within six-months. “The high rate of cannabis use for the treatment of chronic pain — and subsequent substitution for opioids — suggests that cannabis may play a harm-reduction role in the ongoing opioid dependence and overdose crisis. While the cannabis substitution effect for prescription drugs has been identified and assessed via cross-sectional and population-level research, this study provides a granular individual-level perspective of cannabis substitution for prescription drugs and associated improvement in quality of life over time.”

Cannabis access is associated with reductions in overall prescription drug spending.JAMA Internal Medicine“found that prescriptions filled for all opioids decreased by 2.11 million daily doses per year from an average of 23.08 million daily doses per year when a state instituted any medical cannabis law. Prescriptions for all opioids decreased by 3.742 million daily doses per year when medical cannabis dispensaries opened. … Combined with previously published studies suggesting cannabis laws are associated with lower opioid mortality, these findings further strengthen arguments in favor of considering medical applications of cannabis as one tool in the policy arsenal that can be used to diminish the harm of prescription opioids.”

The Mental Health Clinician “investigated medical cannabis’ effectiveness in patients suffering from chronic pain associated with qualifying conditions for MC in New York State. … After 3 months treatment, MC improved quality of life, reduced pain and opioid use, and lead to cost savings. … These results are consistent with previous reports demonstrating MC’s effectiveness in neuropathic pain.”

There are tons more information out there on this topic and the above research barely scratches the surface. We encourage you to see what’s out there for yourself. Knowledge is power and the better armed we are with that knowledge the more effective we can be in getting legislation passed. The opioid crisis that is plaguing our state has harmed so many of our citizens, and if cannabis is able to help, the legislators should get out the way and pass a comprehensive bill to deal with the problems our state is facing.

High Regards,
Matthew Bratcher
Executive Director, KY NORML

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* State Question 788 permits doctors to use their discretion to decide which patients are best treated by medical cannabis;

* It also empowers patients by permitting them to grow their own personal use quantities of medical cannabis;

* Those patients who do not not wish to grow their own medicine may obtain cannabis flower, or other types of cannabis-infused products, at licensed dispensaries.

In January, NORML wholeheartedly endorsed the passage of SQ 788. That is because this measure is one of the broadest, most patient-centric medical marijuana initiatives ever placed on a statewide ballot.

But passage of SQ 788 is not assured. In recent days, opponents have purchased nearly a half-million dollars in misleading television advertisements to persuade voters to reject SQ 788.

Voters like you must stand up to their fear-mongering and false claims. In truth, the passage of SQ 788 will provide needed relief to tens of thousands of Oklahomans in a manner similar to the laws of 30 other states.

Under existing Oklahoma laws, the possession of any amount of cannabis is classified as a criminal offense — punishable by up to a year in prison. Engaging in cannabis cultivation or sales may be punishable by up to life in prison. According to a study released this month, Oklahoma’s incarceration rate is 1,079 per 100,000 people — the highest rate in the United States. Seriously ill patients, whose health and welfare relies on the use of this plant, must no longer face these draconian penalties for simply managing their health.

A forthcoming report commissioned by the Governor’s office is set to recommend that lawmakers legalize and regulate the possession and sale of marijuana by adults.

According to statements made today by New York State health commissioner Howard Zucker, the report’s authors have concluded that “a regulated, legal marijuana program [ought to] be available to adults in the state.”

“We looked at the pros, we looked at the cons, and when were done, we realized that the pros outweighed the cons,” Mr. Zucker said, adding, “We have new facts.”

A finalized version of the Health Department study is anticipated to be released imminently.

The health commissioner’s statements come just weeks after an analysis prepared by the New York City Comptroller’s office concluded that the state of New York would gain an estimated $434 million annually in new tax revenue under a regulated adult use marijuana market.

Democrat Governor Andrew Cuomo, in the past, has been reticent to publicly support calls to regulate the adult marijuana use market in New York state — stating that he is “unconvinced” that legalizing is a preferable public policy to criminalization.

During today’s remarks, health commissioner Zucker also indicated that the Department is moving to expand medical cannabis access to those using opioids. Under the new regulations, those with chronic pain wishing to use cannabis as a substitute for opiates will be able to do so. “[T]hat means if an individual is taking prescription opioids, they could take medical marijuana as part of the program that we are pushing forward to hopefully come off prescription opioids as well,” he said.

According to data published in May, patients enrolled in New York state’s medical cannabis program reduce their use of opioids and spend less money on prescription medications. The study’s findings are similar to those reported among enrollees in other states’ medical cannabis programs, including the experiences of patients in Illinois, Michigan, Minnesota, New Mexico, and elsewhere.